Key Points
- Australian engineer Robert Pether was arrested and jailed in Iraq in April 2021 after a business dispute.
- If his appeal is unsuccessful, his wife says a $50 million fine will effectively be a life sentence.
- There are concerns over Mr Pether's health due to a suspected melanoma, extreme weight loss and blackouts.
As many families celebrate the Easter long weekend together, Desree Pether is fighting for her husband to be released from jail in Iraq.
Friday marked two years since Australian engineer Robert Pether was arbitrarily detained in what a United Nations working group has described as a breach of international law.
Mr Pether, along with an Egyptian colleague, has been sentenced to five years in jail and fined US$50 million (around $74.8 million).
As they wait for the result of an appeal into their case, Ms Pether fears her husband could end up facing a life sentence.
She says limited progress has been made over the last two years.
"There are just so many plot twists and turns - every time we've thought 'this is it, common sense will prevail' ... something else happens," she told SBS News.
There have been 23 court sessions in 24 months along with perpetual legal issues and increasing financial penalties, she said.
Robert Pether with his children Oscar, Flynn and Nala at the last birthday they were able to celebrate together. Source: Instagram / Desree Pether
"We're pretty much at breaking point," she said.
"You're just shouting out into the abyss all the time and trying to get support, and trying to get help, and it's two years and quite frankly, I'm exhausted and broken."
Fears over a life sentence
Mr Pether and an Egyptian colleague, Khaled Zaghloul, were arrested and charged with fraud in April 2021. They were sentenced to five years in prison and fined US$12.1 million (A$18.1 million) in August of that year.
In 2022 a US$20 million ($29.9 million) fine was added, which was later increased to US$50 million (A$74.8 million) against the two salaried employees, on top of the initial fine.
The two engineers have appealed their sentences and are expecting to find out the result in the coming weeks.
Ms Pether says the fine will be impossible to pay, meaning they will effectively face a life sentence.
"It's been going back and forward for a few months now, and even though it's five months into it and it's coming to a conclusion, they still don't actually even have the report that the whole case is based on," she said.
Despite the ongoing delays and legal battles, she is hopeful that new evidence and changes in Iraq's Central Bank and the government will help their case.
Robert Pether has not seen his wife Desree or daughter Nala for two years. Source: Instagram / Desree Pether
"Their accuser has lost his position at the Central Bank, and there is a new prime minister in Iraq ... now is the time for these people to step up and do the right thing and allow these guys to show the evidence and let them go."
Why was Robert Pether detained in Iraq?
Mr Pether was employed by CME Consulting to create a new headquarters for the Central Bank of Iraq.
He was living in Ireland with his family at the time but had worked in the Middle East on and off for years.
Following a business dispute between their employer and the Central Bank, Mr Pether and Mr Zaghloul were invited to a meeting with the Governor of the Central Bank, where they were arrested and later charged with fraud.
Ms Pether said the two employees never had anything to do with contracts or finances.
"There's an invoicing system through their employer; these two employees had never received a coin, and employees should not be held accountable in a contract dispute anyway," she said.
"It's a horrendous story. If you were watching a movie, you would be thinking 'they can't do that, they can't get away with that' but they do, and they have, and they continue to."
The two engineers are now in a cell that houses up to 26 men at a time and has no windows.
When they were first detained, Mr Pether was reportedly locked in a cupboard, starved, dehydrated, and forced to sign a statement in Arabic with no translator.
In March 2022 a United Nations report found the two men were being arbitrarily detained and that the imprisonment was breaching human rights and international law.
Robert Pether and his family are concerned about potential skin cancer due to new moles and his history of melanoma. Credit: Jessica Bahr
Mr Pether and his family have also raised concerns over his health due to a suspected melanoma, extreme weight loss and experiencing blackouts.
Ms Pether says while her husband's health has improved, he is still not able to access adequate care. A mole on his body still hasn't been checked for melanoma.
"He is constantly sick. He was never sick before he was arrested ... it's one thing after another each week," she said.
What is the Australian government doing to help?
A Department of Foreign Affairs and Trade (DFAT) spokesperson told SBS News the government has been providing "extensive consular assistance" to Mr Pether and his family since he was first detained.
"We have consistently advocated for Mr Pether’s rights and welfare at all levels," the spokesperson said.
"We have made 145 representations to Iraqi authorities on Mr Pether’s behalf, most recently on 4 April 2023."
Consular officers in Baghdad have visited Mr Pether on 64 separate occasions, the spokesperson said.
"Officials from the Australian Embassy in Baghdad are providing consular support to Mr Pether in detention, including through regular visits and working with Iraqi authorities to ensure he is able to access appropriate medical care," the spokesperson said.
"The Australian Government is unable to intervene in another country's legal or court processes but we continue to convey our expectations that Mr Pether is entitled to due process, humane and fair treatment, and access to his legal team."
The spokesperson said DFAT has raised the findings in the United Nations Working Group on Arbitrary Detention Opinion with Iraqi authorities.
DFAT says it will continue to provide consular assistance and support to Mr Pether and his family "for as long as needed".
At Christmas time, Robert Pether's daughter and wife campaigned outside embassies, calling for his release from a prison in Iraq. Credit: Jessica Bahr
"It's great what they're doing so far, they've definitely improved and stepped up and a lot more is happening than what was happening at the beginning," she said.
"A lot should have been done under the previous government and it wasn't, so that's definitely a contributing factor to where he is now."
